What are the requirements for a petition to correct inventorship during reexamination?
A petition to correct inventorship during reexamination must meet specific requirements as outlined in MPEP 2250.02 and 37 CFR 1.530(l)(1):
- The petition must be submitted as part of the reexamination proceeding
- It must satisfy the requirements of 37 CFR 1.324
- All parties set forth in § 1.324(b)(1) and (b)(2), including the assignees, must be included
- Satisfactory proof of the facts must be provided
- The fee set forth in § 1.20(b) must be paid
If these requirements are met, the Director may include an amendment naming only the actual inventor or inventors in the reexamination certificate to be issued.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2250.02 - Correction Of Inventorship,
Patent Law,
Patent Procedure